Fair Labor Standards Act (FLSA)

Overview of Law, Basic Requirements, Child Labor, Basic Wage Standards, and Additional Standards
Overview of Law
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) administers and enforces the FLSA with respect to private employment, State and local government employment, and Federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. The FLSA is enforced by the U.S. Office of Personnel Management for employees of other Executive Branch agencies, and by the U.S. Congress for covered employees of the Legislative Branch.
Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay.
Basic Requirements
Applicability
The Fair Labor Standards Act (FLSA) applies to:
- Employees of any enterprise engaged in interstate commerce (this is defined very broadly);
- Employees of any enterprise engaged in the production of goods for interstate commerce; or
- Employees of an enterprise with annual revenues exceeding $500,000.
Overtime
Unless exempt from the Act, the FLSA requires that employees be paid at least the federal minimum wage and an overtime premium of 1.5 times their regular rate of pay for all hours worked over 40 in one workweek. Employers must pay higher state or municipal minimum wages if they exist. An employee's "regular rate of pay" may include more than their base hourly wage. See the FLSA overtime page or search "regular rate of pay" for additional information.
Lactation Accommodations
Employers are required to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child’s birth each time such employee has a need to express the milk. Employers must provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. Some state laws provide greater protections to employees. Employers are not required to pay nursing mothers for breaks taken for the purpose of expressing milk, but an employee’s normal break time can be used for this purpose in the same way that other employees are compensated for break time. Employers with fewer than 50 employees may be exempted from this provision if they can show that providing such accommodations would create an undue hardship. A successful claim of undue hardship requires a showing of significant difficulty or expense; employers should not rely on this as a defense to not providing accommodation unless they have consulted with an attorney.
Child Labor
The FLSA also regulates the employment of youth.
Jobs Youth Can Do:
- 13 or younger: babysit, deliver newspapers, or work as an actor or performer
- Ages 14-15: certain permitted in such establishments as office work, grocery store, retail store, restaurant, movie theater, and amusement parks
- Age 16-17: Any job that is not declared hazardous
- Age 18: No restrictions
Youth ages 14 and 15 may only work the following hours/durations:
- Between 7 am and until 7 pm (hours are extended to 9 pm June 1–Labor Day);
- Up to 3 hours, including Fridays on a school day; up to 18 hours in a school week;
- Up to 8 hours on a non-school day; up to 40 hours in a non-school week
Different rules apply to youth working in agriculture. Many states have stricter child labor laws than the FLSA - the strictest standard will always apply.
Basic Wage Standards
Covered, nonexempt workers are entitled to a minimum wage of $7.25 per hour effective July 24, 2009. Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek.
Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA.
The FLSA contains some exemptions from these basic standards. Some apply to specific types of businesses; others apply to specific kinds of work.
While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate.
For example, the FLSA does not require:
- vacation, holiday, severance, or sick pay;
- meal or rest periods holidays off, or vacations;
- premium pay for weekend or holiday work;
- pay raises or fringe benefits; or
- a discharge notice, the reason for discharge, or immediate payment of final wages to terminated employees.
The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or commissions in excess of those required by the FLSA. However, some states do have laws under which such claims (sometimes including fringe benefits) may be filed.
Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.
The above matters are for agreement between the employer and the employees or their authorized representatives.
Additional Standards
Here is a comprehensive list of the other labor law standards set by the FLSA:
- Administrative Exemption
- Biometric Timekeeping
- Child Labor
- Commissioned Sales Employee Exemption
- Computer Employee Exemption
- Executive Employee Exemption
- Highly Compensated Employee Exemption
- Lactation Accommodations
- Federal Minimum Wage
- Ministerial Exemption
- Miscellaneous Exemptions
- Outside Sales Employee Exemption
- Professional Exemption
- White-Collar Overtime Exemptions
Got a labor law question?
Our team helps employers with labor law compliance every day. Complete the form below to ask a question or request some help.
General Disclaimer
The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice. The employees of Complete Payroll are not
I have been working with Lacy Smart and her team for the last few years. I have been impressed by her responsiveness, accuracy, and high level of providing client satisfaction. She and her team are a wonderful testament to the organization!
Bahar UttamSoderberg Insurance Services Inc
soderberginsurance.com
I have worked with a few different payroll providers during my career. Complete Payroll is absolutely, by far, the most proficient and customer service-oriented provider I have been privileged to work with. Lindsay Ezard goes above and beyond to assist me with any question I may have. Thank You Lindsay!
Bonnie DeneefNuttall Golf Cars Inc
tore.com
We were referred to Complete Payroll years ago by a board member and haven't looked back since. When I first started working with them, I knew nothing about payroll. My first rep Lacey, and now JoAnn, are great to work with. Working with Complete Payroll has just been a wonderful all-around experience for me.
Cathy PaceFinger Lakes Wrestling Club Inc
Complete Payroll is a great payroll company, and we love Lacey! She always has the answers to my questions without hesitation. There is very little (if any) wait time to get a call back.
Christina WagarDr. Christopher Mozrall
The first suggestion I made after I joined Shear Ego was that if they were not yet using Complete Payroll, they should be. We continue to be impressed and happy with the quality and friendliness of service, and the excellent newsletters and up-to-date information on all things payroll and HR.
Colleen KollShear Ego Salon & Spa
shearego.com
We moved to Complete Payroll about 3 years ago. It was seamless and working with Lacy Smart on Mondays is a breeze.
Debbie KlymkowBoulevard Van City
vancitymobility.com
Complete Payroll fits my budget, I never get bounced around between customer service reps, and it's very easy to enter my payroll. I simply take a photo of my payroll sheet and email it to my rep. There's never a problem! With them, it's business done, and business done right.
Dick EakinsNorco Farms
Complete Payroll Processing provided an easy transition from internal payroll processing. With payroll as their core competency, CP has the expertise to help mitigate errors and ease the burden of annual updates. Comprehensive reporting gives all the details needed and an organization can operate with an added piece of mind knowing that the payroll service is taken care of.
Don CunninghamTown of Bergen NY
bergenny.org
After nearly 10 years, we are receiving the same or better service than when we started. The ability to reach our dedicated customer service representative in a timely manner is huge when there are deadlines in play. Requests for unique reports and integration with our other vendors has been handled without hesitation. We truly feel a partnership with Complete Payroll.
Eileen ReevesCatholic Charities
ccwny.org
I just love Lindsay! She does an awesome job! She is very responsive and I like that she teaches me how to find things rather than just doing it for me.
Emily WyseWyse Properties
wyseproperties.com
We have been with Complete Payroll for quite awhile now and plan on staying. Thanks!
Watch Howard's Testimonial
Howard ClarkeH Clarke Services
We have been well served by Complete Payroll. When we have needed support, it was given both in payroll and other employee matters, like handbooks.
John WorthTown Of Pembroke
townofpembroke.org
We have been using Complete Payroll for over five years and have found them to be responsive, professional, friendly, and cost effective. Customer service is best judged when something goes wrong. Complete Payroll is always there immediately to help fix the issue. Complete Payroll is a payroll partner, not just a payroll service.
Kelly StephensonThe Service Collaborative of WNY, Inc.
www.tscwny.org
I've been very pleased with the service and responsiveness of my CSR, and CP's continued dedication to provide us with all the tools we need to have a successful payroll and HR experience. You are always available when I have a question and always make sure that any problems that arise are worked through to my satisfaction.
Paul CronkFillmore Wesleyan Church
fillmorewesleyan.church
We have been customers for many years. Evolution Software is easy to use but, more importantly, Cindy is an email away and her knowledgeable, efficient, and quick to replies to our questions are appreciated. We're very happy with Complete Payroll.
Teresa JacksonDudley Poultry
dudleypoultry.com
Complete Payroll is always there if we have a problem or need something special! Their response time is AWESOME!
Tina CanaliChemung County SPCA
chemungspca.org
My CSR, Andi Dimmick, is The Bomb! She's always friendly, cheery, and with all her clients, makes me feel like she has carved time out for ME. Her customer service is AWESOME, and the personal touch means so much!
Denni HarbaughIndependent Title Agency, LLC
fasttitles.com
Everyone I talk to at CP is friendly and tries to help. If they don't have a ready answer, that's OK. They take the time to find one. Website is user friendly, too. The actual operation of payroll is dependable and reliable.
Elvira AlettaExplore What's Next
explorewhatsnext.com
Things go quite smoothly and I have a very good rep: Megan!
Peter VarlanMitchell T. Yencer
eyesite-ny.com
Great customer support and service!
Cindy Van BurenHeritage Packaging
heritagepackaging.com
Friendly, answered all my questions, and never felt hurried.
Lisa LyonsAttica Auto Supply Inc
LeeAnn was just wonderful to work with.
Bonnie DeNeefNuttall Warehousing LLC
thegolfcartstore.com
Lee Anne is a wonderful trainer. Concise and clear. A pleasure!!
Jackie AgustaSandvik & Associates Inc
sandvikandassociates.com
The program has met our needs! Actually exceeded them!
Jennifer PaulyThe Lower Niagara River Region Chamber
upwardniagara.com
Great products, great people and no problems!
Sue BuddHinspergers Poly Industries Inc
hinspergers.com
Love working with Complete Payroll, especially with Joann Gaedeke. She is amazing! Very thorough and accurate; takes the pressure from me! Love it!
Gail StoweStowe Potato Sales
Very friendly staff, and you are always on top of the services you offer.
Nancy MillerN&G Broadway Inc
I appreciate updates that Complete Payroll provides. Site is easy to navigate. Our rep, Karla, is so accommodating and friendly. We appreciate her also. So happy we made the switch to Complete Payroll!
Chris SmithGrigg-Lewis Foundation
grigglewis.org
The service that we have received has been EXCELLENT and I can't say enough about Lindsay Ezard's patience and support. Everyone that I have had contact with is professional, knowledgeable, and personable. I have received many calls from your competitors wanting to talk to us but I tell them I am very happy with our service!
Frances SweeneyCPM Golf, LLC
deerfieldcc.com
Great company to work with. Wonderful people; knowledgeable, helpful, and friendly!
Lora MillerTim's Trim Inc
timstrim.com
Customer Service and payroll representatives are excellent!
Helen CunninghamJeffrey Ellis Carl Cabinetmakers Inc.
jeccabinetmakers.com
The program works very well for our company. We like the virtual payroll option and our Account Representative, Ashley, is always very responsive and helpful!
Sally KovatchNothnagle Drilling, Inc
nothnagledrilling.com
For 11+ years, Andrea Dimmick has been our CSR. She is extremely competent, helpful, responsive. Evolution portal, once trained, is easy to use and again, if we ever run into an issue, Andrea walks us right through. I would highly recommend... and have!
Teri PetersLong Pond Pediatrics
longpondpeds.com
Love working with CPP. They have made life so much simpler for me.
Nicole BeginTown Of Pembroke
townofpembroke.org
I have worked with two other payroll companies and Complete Payroll has been the best in payroll custom packages and customer support! The payroll reports are readable with larger font when printed and program is user friendly.
Mary SutterMatrix Machine Specialties Inc
matrixmachinespecialties.com
The customer service is beyond compare!
Laura LaneLivingston County Area Chamber Of Commerce
livingstoncountychamber.com
When I need something, you always help. You're easy to get ahold of; you DON’T put me on hold! I get to email or talk to a real person (Lindsay) and she's always consistent.
Barbie GozelskiLeRoy Country Club
Very friendly staff, and you are always on top of the services you offer!
Nancy MillerN&G Broadway Inc
CPP has resources that consistently monitor payroll regulations at all levels that ensures compliance. This is a great boon for a small business with limited personnel.
Patricia GilbertsonGLG Development Corp.
familyfurnitureperry.com
I have recommended Complete Payroll to my clients for years. You have the best customer service of any payroll company I deal with. I know that mistakes will happen on occasion, but Complete Payroll really works to resolve issues promptly.
Elizabeth BarefootBarefoot Septic & Sewer Inc
barefootseptic.com
We are a Complete Payroll customer and have been very happy with our relationship. We have had no problem referring CPP to our business owner clients.
Kris DussmannCoordinated Plan Inc
coordinatedplan.com
Customer Service is awesome! Love Andrea 😀
Margaret UrlacherPittsford Realty Corp
Our payroll specialist, Ashlee Adams, is extremely knowledgeable, helpful and quick to respond to all questions and concerns. She has alleviated many stressful situations for our company and is a true pleasure to work with! Thank you Ashlee!
Liz MaherDiscovery Schoolhouse LLC
discoveryschoolhouse.info
Friendly employees, lots of resources.
Marybeth SimoneitLaSalle Early Childhood Center Inc
lasalleearlychildhood.com
You have the best employees working for you. They are professional and a delight to work with!
Kathy CassettaCassetta Agency Inc
cassettainsurance.com
Service reps are so helpful and always available. Andrea is the best!
Joe CzernyMercy Flight Inc
www.mercyflight.org/
I love our CSR Megan. She makes my life so easy. I used to be with one of your competitors and the CSR there treated me like a number. Megan treats me like she is part of my team.
Mark LoganFirst Free Methodist Church
northgatefmc.com
Any time I need anything we always have a prompt response from you.
Patty DuganLynn-Ette & Sons Inc
lynnettefarms.com
We are a Complete Payroll customer and have been very happy with our relationship. We have had no problem referring CPP to our business owner clients.
Kris DussmannCoordinated Plan Inc
coordinatedplan.com/
Fantastic service! Friendly helpful staff. Your company was and is the most sourced not only with payroll needs but also with the update and verbal connection with your clients when it came to the COVID-19 PPP. Believe me when I tell you, I had less help from my bank or my Accountant! Thank you!
Debbie BlacklockBlacklock / Eglin Enterprises, Inc.
consaulautocare.com/